Williams v. Williams
New York Supreme Court
Appeal from special term, New York county. Action for divorce a mensa, et thora on the ground of abandonment, brought by Mary Williams against Cornelius Williams. Defendant is a physician, residing, at the commencement of this action, in the city of St. Paul, Minn., and engaged in the practice of his profession there. From a judgment of separation and awarding alimony, costs, and counsel fee defendant appeals.
1Opinion of the CourtBarrett, J.
The findings of fact of the learned judge at special term amply support the conclusions of law, and these findings of fact are in turn supported by the evidence. The testimony shows a plain case of abandonment at or about the time charged in the complaint. Prior to that time the parties had been living apart for upwards of two years. The defendant claims that during this period the plaintiff was in the wrong, and liable at any moment to be justly proceeded against for abandonment. This claim is without foundation. The plaintiff was always willing to live with the defendant if he would permit…
2Cases cited2 opinions
- Beadleston v. . BeadlestonNew York Court of Appeals · 1886
- O'Dea v. . O'DeaNew York Court of Appeals · 1885
3Cited by4 opinions
- Straus v. StrausNew York Supreme Court · 1893
- Mercer v. MercerNew York Supreme Court · 1893
- Boyle v. BoyleNorth Dakota Supreme Court · 1910
- Munson v. MunsonNew York Supreme Court · 1891